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PETTY v. PENN CENT. CO.

No. 493, Docket 35349.

438 F.2d 538 (1971)

Arlander PETTY, Plaintiff, and PENN CENTRAL COMPANY, Defendant-Appellee, and Clark Equipment Company, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided February 10, 1971.

Attorney(s) appearing for the Case

Jerome H. Shapiro, Henry W. Herbert, Thomas J. Smith, New York City, for defendant-appellee.

John Nielsen, Tidal B. Henry, Jr., Fogarty & Nielsen, New York City, for defendant-appellant.

Before WATERMAN and FRIENDLY, Circuit Judges, and McLEAN, District Judge.

PER CURIAM:

One Arlander Petty, an employee of the New York Central Railroad, was found to be entitled under the Federal Employers Liability Act to damages against the Railroad for injuries suffered by him in the course of his employment. Petty was a fork lift operator and was injured when the boom of the machine collapsed upon him. It was owned by Clark Equipment Company which leased it to the Railroad.

The Railroad...

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